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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
31–40 of 272 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#32Thanks for doing this. - How difficult has it become to get O1 for founders compared to say 5 years ago? -What advice would you have for founders who think they should be able to get O1 once they have a bit of seed money (say YC, 500k) and press coverage?
It's definitely more difficult but well within reach of founders (particularly founders with funding and organic press coverage) and talented professionals. That is, until very recently. It's too early to say whether this is a trend or an aberration but the past few weeks we've seen USCIS apply a different standard, one similar to the EB1A standard. If this is a trend, then I suspect that the RFE and denial rates for O-1s will skyrocket.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#33I'm currently on an F-1 STEM OPT got the H1B Lottery. I need to travel in August. If my H1B is approved before my travel date in August, would I be able to keep my 'Change of Status' status if I come back using my F-1 visa? I do not want to trigger the $100k H1B fee if it switches to Consular Processing. Is it risky? Should I stay in the U.S from approval until October 1st?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#34Can a person be eligible to purchase a ACA health plan in CA if they're on a B2 visa considering they have been in the USA for several years on prior work visas?
I know there are some recent changes with OBBBA that will kick in Jan 2027 but as per my understanding only affect PTCs not ACA eligibility.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#35Hi Peter, have you noticed either increased processing times or denial rates of N400 applications? I know about several people waiting to have a citizenship interview scheduled for 12 months or even longer, this seems out of the ordinary. Thank you!
This is just anecdotal but I haven't seen an increase in denial rates although processing seems to have slowed. Under the previous administration, there was a stated commitment and policy to process N-400s within 6 months. Now, depending on the local USCIS field office, we're seeing processing taking 9-12 months and even longer.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#36Can a person be eligible to purchase a ACA health plan in CA if they're on a B2 visa considering they have been in the USA for several years on prior work visas? I know there are some recent changes with OBBBA that will kick in Jan 2027 but as per my understanding only affect PTCs not ACA eligibility.
Unfortunately, that's a benefits question, not an immigration one, so I'm not in a position to answer. That being said, I believe that your understanding is correct in CA.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#37Can a person be eligible to purchase a ACA health plan in CA if they're on a B2 visa considering they have been in the USA for several years on prior work visas? I know there are some recent changes with OBBBA that will kick in Jan 2027 but as per my understanding only affect PTCs not ACA eligibility.
Unfortunately, that's a benefits question, not an immigration one, so I'm not in a position to answer. That being said, I believe that your understanding is correct in CA.
Ah that makes sense. I appreciate your quick response!
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#38I'm currently on an F-1 STEM OPT got the H1B Lottery. I need to travel in August. If my H1B is approved before my travel date in August, would I be able to keep my 'Change of Status' status if I come back using my F-1 visa? I do not want to trigger the $100k H1B fee if it switches to Consular Processing. Is it risky? Should I stay in the U.S from approval until October 1st?
Historically, travel while in F-1 STEM OPT status after the approval of an H-1B change of status petition and return prior to October 1st would not impact the change of status request. It's not clear how USCIS is going to view this now so given the uncertainty and the repercussions if wrong, we are advising our clients to remain in the U.S. from the time of filing the H-1B petition until October 1st (or even later if the petition isn't approved by then).
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#39Earlier quoted context omitted.
The options are limited: an H-1B for employment (which involves an annual lottery), an F-1 for schooling, or a J-1 for internship/training (which requires a "host" company/employer).
OP didn't state their exact country, but E-2 visa may be applicable. It's not just for investors/business starters. Companies that are privately owned by people from E-2 countries can transfer/hire citizens from other E-2 countries. Probably the most realistic option for a junior/mid-level developer IMO. See if your country is an E-2 country and apply to companies that qualify. E-2 is a non-immigrant visa so moving o…
I'm sorry, Serbia.
According to [0], it seems like E-2 would be applicable, too.
Thank you.
[0]: https://www.usimmigrationadvisor.com/active-e-2-treaty-count...
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#40[flagged]
Sorry. Which situation?